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(영문) 광주지방법원 2016.09.21 2016고단2903

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)

Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

On February 16, 2016, the Defendant requested the victim C (year 20 years of age) to have a conversation using the Defendant’s mobile phone at the Moel located in a influent Metropolitan City or below Daegu Metropolitan City on February 16, 2016, using the Defendant’s mobile phone.

The message was sent under H. H., “A. B. B. B. H., H. H., H. H., H., S., S., and C. C. H., H., S., S., S., S., S., S., S., S., S., S.C., S.C., S.

Accordingly, the Defendant sent to the victim letters and videos that may cause sexual humiliation or aversion through the communication media with a view to inducing or satisfying his/her sexual desire.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of these Acts and subordinate statutes to the investigative report (a photograph by capturing the contents of the B message conversation), the photograph of the B-cape, the Defendant’s photograph on B, and the summary of the recording;

1. Article 13 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The punishment as ordered shall be determined by taking into account the following circumstances: (a) the grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order; and (b) the circumstances constituting the conditions for sentencing indicated in the records, such as the Defendant’s age, sex, environment, family relationship, motive and consequence of the crime;

Defendant is led to confession, and is against himself.

Defendant has no record of criminal punishment for the same sex offense.